刑法中设立“污染环境罪”的探讨

Approach on Penal Legislation for Environmental Pollution Crime

根据环境保护的形势,我国刑事立法还不能完全适应这种要求,迫切需要补充和完善。文章根据国外环境立法的经验,提出在刑法中设立“污染环境罪”。通过阐述污染环境罪的定义、4个要件的构成,明确设立此罪的意义。同时通过与危害公共安全罪、侵犯公民人身权利罪和妨害社会管理秩序罪的比较,说明了设立此罪的必要性。

According to the situation of environmental pollution, penal legislation in China could not meet the requirement, and should be supplemented and completed. This article took the experiences of environmental legislation from abroad, to put forward for establishing environmental pollution crime in penal law, to make clear and definite the significance of setting the crime through description of the definition of environmental pollution crime and the four constitutions, at the same time through comparing with the crimes of offense against public security, violation of others properties, infringe upon human right and offense against social administrative order etc. to describe the necessity of setting the crime.